Sistema Regional de Información
en línea para Revistas Científicas de América Latina,
el Caribe, España y Portugal

Establecido en 1975 por decreto presidencial, el Premio Nacional en Historia, Ciencias Sociales y Filosofía tiene como fundamental propósito reivindicar públicamente la trayectoria y desempeño profesional de quienes, con sus obras, realizan valiosas aportaciones al desarrollo del país y a sus instituciones.Desde hace nueve años, el Gobierno Federal decidió -vía el Consejo de Premiación, presidido por el Secretario de Educación Pública en turno- otorgar este reconocimiento a aquellos historiadores, sociólogos o filósofos que llevan a cabo relevantes tareas de investigación en el área de las ciencias sociales y humanísticas.

La industria eléctrica es fundamental y estratégica para el desarrollo del país. Esta afirmación no es una perogrullada, por las condiciones en que en estos tiempos se encuentra la industria eléctrica. Los problemas generales repercuten drásticamente en las particularidades de la energía eléctrica; en las limitaciones o desviaciones del sector, y por lo mismo, afectan el conjunto de la sociedad. Crean así un círculo vicioso de dimensiones inconmensurables.

Traducción de Francisco González AyerdiAutor de importantes tratados a propósito de la locura, la sexualidad y el discurso, Michel Foucault creó todo un sistema de pensamiento. Dentro de la filosofía contemporánea. En La arqueología del saber, Las palabras y las cosas, El orden del discurso, Historia déla locura en la época clásica, el escritor vulnera lo establecido para, con innovadores enfoques y planteamientos, erigirse como uno de los más lúcidos intelectuales de la modernidad.

Since the establishment in 1919 of the municipal capital gain tax until the approval of the Law regulating the Local Treasuries of 1988, the determination of the increase in value as an integral element of its chargeable event and tax base had generated many problems, but all were of adaptation of the tax Ordinances to the law. Instead, after the approval of the 1988 Law, the main problems that have arisen are the adaptation of the law to the Constitution. So that, in 2017 the constitutional Court has established doctrine declaring the partial unconstitutionality of the tax. This circumstance, however, has generated another problem, which is the concretion of the effects of this partial declaration of unconstitutionality. In view of the doubts that this generates, the Supreme Court has issued in 2018 a judgment interpreting some basic aspects of constitutional doctrine.

Directive 2014/24/EU, passed by the European Parliament on January 14th 2014 and published in the Official Journal of the European Union on March 28th 2014, throws new light on the legal regime of general service contracts, and particularly on the regime applicable to contracts of legal services. Once the Directive has been transposed into Law 9/2017 of November 8th on Public Sector Contracts, the exclusions of legal services from their regulation and application, far from being respected, have not been addressed by the national legislator, nor even in the regulation of a simplified system for contracting these services. This paper addresses the treatment of contracting legal services under the Public Contracts Law, the pecularities of the contract of these services based on mutual trust as an element that distinguishes the provision of legal services, and the need for differentiated treatment when contracting certain legal tools –those excluded by art. 10.d) of the Directive–, as a possible measure in application of Directive 2014/24/EU.

The main scope of this study is the analysis of the reduction in the tax base of the Inheritance and Gift Tax for the acquisition mortis causa of the main residence of the deceased. Apart from evaluating its viability, State and regional regulations will be analysed, trying to highlight the different problems encountered and questioning the position of Spain’s Supreme Court in some aspects. Finally, a new formulation of its reduction will be provided.

The deficient regulation of the regional cassation appeal made by article 86.3 LJCA, the lack of personal resources to make it effective, and the difficulty of admitting an appeal that has the purpose of «establishing jurisprudence» against the judgments of the Superior Courts of Justice that already establish it in the instance, has led many of them not to accept the regional cassation appeal in these cases, while others recognize its full operation. This interpretative disparity will be examined in view of the most current jurisprudence of the Supreme Court regarding the purpose of the cassation appeal and from a constitutional perspective, after recent pronouncements confirming the operation of this appeal, although they seem to relegate it to Superior Courts of Justice with several Chambers or Sections.

The main aim of this work is to analyse the most controversial questions which have been raised in courts, regarding the causes of non-admission of applications based on the right of access to public information and, specially, the one linked to the necessity of a later re-elaborating action. The legitimacy for the effective invocation of this cause was revised in a groundbraking decision of the spanish Supreme Court, given after a resolution of the Council for Transparency and Good Governance.From its analysis follows that judicial interpretation assumes the change of model operated by the transparency act, and the ensuing consideration of the right of access to public information as an example of «expansive right», which leads to an unavoidable restrictive interpretation of the causes of non-admission. Regarding to the specific cause based on the need of a re-elaboration action, the accepted criteria settle a due non-admission decision when the applications would force the elaboration of an «ad hoc» report to be granted, notwithstanding the assumption that any grant of the exercise of the right of access requires a minimum processing work, considered as tolerable. It is maybe still soon for positive and categorical assessments about this issue; being necessary more case-law production in order to delimit more clearly the outlines of all the non-admission causes, which are indeed formulated as legal indeterminate concepts.

Nearly a decade after the beginning of the second signing process of bilateral treaties to the recognition of the right to suffrage at the local level to foreign residents in Spain of some nationalities, within the framework of article 13.2 of Spanish Constitution, it’s time to make a balance regarding the practical incidence of that process. After having developed its effects in two electoral calls (municipal elections of 2011 and 2015), and at the gates of the local elections of 2019, the level of participation of potential beneficiaries of the treaties has been very low. This article analyses from a critical point of view these international instruments, offering alternatives to really advance in the recognition of the rights of political participation of foreign residents.

The Constitutional Court, through several judgments issued in 2017, has declared the unconstitutionality of the articles of the Law on Market Unity Guarantee regulating the principle of effectiveness throughout the national territory of the means of administrative intervention on access to economic activities, as well as other precepts for their connection to it. In the first part of the paper, the grounds for unconstitutionality alleged by the Court are examined and an assessment is made of the impact and factual significance of such annulment. Secondly, we study the system for the ordination of economic activities set forth in the aforementioned Law, –which for the most part, on the contrary, has been endorsed by the TC–, addressing the explanation of the scheme of intervention instruments of the activities and their limits, the scope of disposition of requirements or material conditions linked to the exercise of same, ending with the examination of certain specific actions that the Law itself qualifies as limitations not admitted.